Government of Western AustraliaDepartment of Environment Regulation

VALU

ES

2016–17Strategic Outline

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Department of Environment Regulation

© State of Western Australia 2016

All material is the copyright of the State of Western Australia. Permission is not given for any commercial use or sale of this material. No part of the contents of the publication may be reproduced by any process, electronic or otherwise, distributed, adapted, broadcast, performed in public or communicated to the public without the written consent of Department of Environment Regulation, except as permitted under the Copyright Act 1968.

Questions about this document should be directed to:

Department of Environment Regulation Locked Bag 33 Cloisters Square PERTH WA 6850 Phone: +61 8 6467 5000 Fax: +61 8 6467 5562 Email: info@der.wa.gov.au www.der.wa.gov.au

This document is available in alternative formats and languages on request to the Department of Environment Regulation.

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Department of Environment Regulation

Contents

Foreword 3

Environment Regulation in Western Australia Message from the Director General 4

Agency Overview 5Our Services

Our Values

Our Purpose

Our Corporate Structure

Performance 6Services and Key Efficiency Indicators

Outcomes and Key Effectiveness Indicators

Where Have We Come from? (2013–14 to 2015–16) 7

Where are We Going? (2016–17 to 2019–20) 8

Efficient and effective environment regulation is vital to support sustainable economic growth and development.

I congratulate the Department for its commitment to developing a framework for environment regulation in this State that strikes the right balance between proactive engagement of industry and environmental protection.

I am pleased to endorse this Strategic Outline for 2016–17, which will guide the Department of Environment Regulation to further improve environmental regulation, and develop and implement key programs in Western Australia.

Hon Albert Jacob, MLA Minister for Environment; Heritage

Foreword

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Department of Environment Regulation

The 2015–16 period saw the development of the Environmental Regulatory Framework for the State.

Significant achievements for 2015–16 included:

• The Department developed and published its new framework andguidance material for discharging its functions under Part V of theEnvironmental Protection Act 1986 (the Act).

• As part of the changes made through reform, existing industries cannow seek approval for material changes to their premises through alicence amendment. The Department has also given effect to its guidancestatement on licence duration by amending the expiry dates for mostlicences, to increase their duration to up to 20 years. This program hasalready resulted in a reduced administrative burden for both industry andthe Department, with further efficiencies anticipated as reform progresses.

• The Department’s Illegal Dumping Program has been established toprovide dedicated enforcement capacity to address illegal dumping acrossthe State. The program focuses on fostering key strategic partnershipswith local governments to provide support and training in investigativestrategies and techniques, covert surveillance and enforcement.

• The Light Industry Program, a joint initiative with the Department of Parksand Wildlife, is aimed at reducing the contaminants from non-residentialland uses—light industrial and commercial activities—to groundwater anddrainage systems in the priority Swan and Canning River catchments.

Environment Regulation in Western Australia Message from the Director General

The Department is also continuing to focus on improving its performance through capability and cultural development with the introduction of:

• targeted professional development programs to build identified corecapabilities;

• succession management strategies for critical occupational groups;

• training programs;

• scheduled performance assessments aligned to organisational priorities;and

• additional strategies to embed the Department’s values—Responsive,Enabling, Focused, Innovative, Responsible and Effective.

Jason Banks Director General Department of Environment Regulation

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Department of Environment Regulation

Agency Overview

Our Services

Environmental Regulation—regulate activities with potential impacts on the environment. Desired Outcome—emissions, discharges and clearing of native vegetation are effectively regulated to avoid unacceptable risks to public health and the environment.

Environment Policy—develop and implement policies and strategies that promote environmental outcomes. Desired Outcome—development and implementation of strategic policy and legislation that promoted sustainable environmental outcomes.

Waste Strategies—reduce the environmental impact of waste. Desired Outcome—waste avoided and the recovery of materials from landfill maximised.

Our Values

Responsive Enabling

Focused Innovative

Responsible Effective

Our PurposeTo advise on and implement strategies for a healthy environment for Western Australia.

Our Corporate Structure

Director General

Granting effective and enforceable environmental regulatory instruments including licences, permits, and works approvals and regulating contaminated sites.

Executive Director Licensing

and Approvals

Developing and implementing strategic environmental policies and programs.

Executive Director Strategic Policy and Programs

Delivering and managing bureau corporate services for the Department, including finance, human resources and communications.

Executive Director Corporate Services

Delivering timely and effective services in compliance, enforcement, legal and pollution response.

Executive Director Compliance

and Enforcement

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Department of Environment Regulation

Outcomes and Key Effectiveness Indicators

***Outcome 1. Emissions, discharges and clearing of native vegetation are effectively regulated to avoid unacceptable risks to public health and the environment

2016–17 Budget target

1.1 Percentage of major resource project works approvals and licences applications decided within 60 working days. 100%1.2 Percentage of other project works approvals and licences

applications decided within 60 working days. 80%1.3 Percentage of native vegetation clearing permit applications 80%1.4 Percentage of investigations finalised within 60 working days. 80%

Outcome 2. Development and implementation of strategic policy and legislation that promoted sustainable environmental outcomes

2016–17 Budget target

2.1 Percentage of advice and recommendations that met Ministerial approval, without the need for significant modification.

95%

Outcome 3. Waste avoided and the recovery of materials from landfill maximised

2016–17 Budget target

3.1 Percentage of Municipal Solid Waste reported as diverted from landfill through recycling compared to the Waste Strategy target in the Perth Metropolitan Region.

50%

3.2 Percentage of Commercial and Industrial Waste reported as diverted from landfill through recycling compared to the State-wide Waste Strategy target.

55%

3.3 Percentage of Construction and Demolition Waste reported as diverted from landfill through recycling compared to the State-wide Waste Strategy target.

60%

PerformanceServices and Key Efficiency Indicators

En

v ironm

ental Regula

tio

n

Service 1Regulate activities with potential impacts on the environment

2016–17 Budget target

Average Cost per Works Approval and Licence Application. $ 19,823*

Average Cost per Native Vegetation Clearing Permit Application. $ 7,296**

Environment Polic

y

Service 2Develop and implement policies and strategies that promote environmental outcomes

2016–17 Budget target

Average Cost per Hour of Policy Advice and Recommendations. $ 103

Service 3

Waste Strategie

s

Reduce the impact of waste 2016–17 Budget target

Cost of Landfill Levy Compliance as a Percentage of Income Collected. 3%

*The Average Cost per Works Approval and Licence Application is calculated bydividing the total cost of Works Approval and Licence services by the total number of applications decided. ** The Average Cost per Native Vegetation Clearing Permit Application is calculated by dividing the total cost of Native Vegetation activities by the total number of applications decided.

decided within 60 working days.

***During 2016-17 the Department will further consider additional KPIs that can be developed which, together with supporting information, will be relevant to report on the Department’s effectiveness as an environmental regulator.

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Department of Environment Regulation

Where Have We Come from? (2013–14 to 2015–16)The ‘four pillars’ (Organisation, Legislation, Policy and Process) represent the building blocks under which the agency delivers services.

Legislation Policy ProcessOrganisation

Dec 2013: gazetted amendments to the Environmental Protection (Clearing of Native Vegetation) Regulations 2004.

Dec 2013, Mar 2014, May 2014: gazetted amendments to the Environmental Protection (Noise) Regulations 1997.

Aug 2014: gazetted amendments to the Environmental Protection (Controlled Waste) Regulations 2004.Sept 2014: gazetted amendments to the Waste Avoidance and Resource Recovery Levy Regulations 2008.

Feb 2015: completed statutory review of the Contaminated Sites Act 2003.

Aug 2015: gazetted amendments to the Litter Regulations 1981.

Aug 2015: gazetted amendments to the Environmental Protection Regulations 1987.

Oct 2015: completed statutory review of the Waste Avoidance and Resource Recovery Act 2007.

June 2016: gazetted amendments to the Waste Avoidance and Resource Recovery Levy Regulations 2008 and Waste Avoidance and Resource Recovery Regulations 2008.

June 2016: gazetted amendments to the Environmental Protection Regulations 1987 to introduce fees for applications to amend works approvals and licences.

Jul 2013: established as dedicated stand-alone environmental regulator.May 2014: structural realignment to group and centralise functions (licensing and approvals and compliance and enforcement).

Dec 2014: industry sector realignment (waste, process and resources) to deliver industry regulation functions.

Jun 2015: employee capability framework established. Code of Conduct and Customer Service Charter implemented.2015–16: implementation of the Department’s Performance Management Framework.

Aug 2014: released Clearing of native vegetation—offsets procedure. Aug 2014: released a suite of fact sheets for the controlled waste industry in line with the newly amended regulations.Dec 2014: updated A guide to the assessment of applications to clear native vegetation. Released A guide to native vegetation clearing processes under the assessment bilateral agreement.Dec 2014: released updated contaminated sites fact sheets and new Guideline: Assessment and management of contaminated sites.Jan 2015: released updated application forms and fact sheets on the native vegetation clearing processes under the assessment bilateral agreement.Sept 2015: released licence template, library of conditions and guidance materials for consultation.Mar 2016: released application forms for licences and works approvals and guidelines for consultation.June 2016: released fact sheets for amendments to the Waste Avoidance and Resource Recovery Levy Regulations 2008 and Waste Avoidance and Resource Recovery Regulations 2008.

Oct 2015: published CleanRun’s On-Road Vehicle Emissions Monitoring Report 2014 findings.

Nov 2015: completed 100% of data validation for National Pollutant Inventory (NPI) 2014–15 financial year reporters.

Dec 2015: completed all milestones for Low Emissions Energy Development (LEED) Fund’s Curtin University bioenergy project.

Apr 2016: collected valid samples from 23,000 vehicles over 12 days for CleanRun Program.Apr 2016: published NPI Year 17 data on www.npi.gov.au.

May 2016: published Guidance statement: Publication of Annual Audit Compliance Reports to increase transparency of environmental compliance.

May 2016: All nine LEED-funded projects completed.

June 2016: Released Environmental Standard: Approved manner for estimating the volume or weight of waste received at and disposed of to landfills.

June 2016: Released consultation paper for proposed amendments to the Waste Avoidance and Resource Recovery Regulations 2008 to require record-keeping and annual reporting of waste and recycling data.

Nov 2014: released Guidance statement: Licence duration.Jan 2015: commenced assessment bilateral agreement with the Commonwealth Government to accredit the State’s clearing permit process under the Environment Protection and Biodiversity Conservation Act 1999.Jul 2015–June 2016: developed and planned progressive implementation of an Environmental Regulatory Framework for industry regulation including:

• released final Guidance Statementson regulatory principles (July 2015),land use planning (October 2015),setting conditions (September 2015);

• consulted on draft GuidanceStatement: Separation distances;

• released environmental risk andapplication assessment frameworksfor consultation (March 2016); and

• released final draft of EnvironmentalStandard (Composting) for specificindustry category, method andtypes of emissions (June 2016).

Aug 2015: completed the BurnWise winter program of community education events with the BurnWise wood heater demonstration trailer successfully. Sep 2015: released Guideline: A guide to grazing of native vegetation.

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Department of Environment Regulation

Process

2016–17: continue to improve Industry Regulation performance through development and implementation of Operational Procedures.2016–17: continue to develop and implement a Compliance and Enforcement Strategy, including through Operational Procedures.2016–17: release final guideline: Identification, reporting and classification of contaminated sites in Western Australia and updated guidance for the WA accredited auditor scheme.2016–17: continue to improve regulation of contaminated sites through development and implementation of Operational Procedures.

Organisation

2016–17: continued development and implementation of the Capability Development Program, including regulatory and Policy Officer training.2016–17: continued implementation of the Expertise Framework, incorporating a succession management strategy for critical occupational groups.2016–18: continued development and implementation of improved business systems and customer service solutions.

Legislation

2016–17: continue to progress legislative amendments to the Environmental Protection Act 1986, Environmental Protection Regulations 1987 and Environmental Protection (Clearing of Native Vegetation) Regulations 2004.2016–17: continue to progress amendments to the Environmental Protection Act 1986 and Environmental Protection Regulations 1987 to facilitate bilateral agreements under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.2016–17: consider amendments to Schedule 1 of the Environmental Protection Regulations 1987 to clarify the definition of landfill and application of the levy following the Eclipse decision.

2016–17: develop amendments to the Environmental Protection (Controlled Waste) Regulations 2004 to streamline processes for the regulation of the transportation of controlled waste.2016–17: the National Environment Protection (Assessment of Site Contamination) Measure 1999 gazettal and the making and revocation of contaminated sites guidelines.2016–17: develop and progress amendments to the Contaminated Sites Regulations 2006.

Policy

2016–17: continue to develop and implement an Environmental Regulatory Framework for industry regulation.2016–17: complete the development of a WA offsets tool and guide for the agricultural south west of Western Australia, to support decision-making including for processes part of bilateral agreements under the Environment Protection and Biodiversity Conservation Act 1999. 2016–17: develop waste plans under the Waste Avoidance and Resource Recovery Act 2007, consistent with the outcomes of the statutory review, to promote alignment of local government planning with State planning.

Where are We Going? (2016–17 to 2019–20)

Head Office Address: Department of Environment Regulation 168 St Georges Terrace Reception Level 4 Perth WA 6000

Postal Address: Department of Environment Regulation Locked Bag 33 Cloisters Square Perth WA 6000

Regional Offices: Please visit www.der.wa.gov.au/about-us/contact-us/regional-offices

Phone: +61 8 6467 5000 Fax: +61 8 6467 5562 Email: info@der.wa.gov.au

www.der.wa.gov.au